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COVID-19

Court strikes secret police recording from trial and dismisses all charges against protestor

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From the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is pleased to announce that all charges against peaceful Freedom Convoy protestor Ben Spicer have been dropped. Mr. Spicer was arrested in Ottawa on February 19, 2022, and charged with mischief, obstructing justice, and weapons charges. In his decision, Justice Timothy Lipson ruled that a secret recording of Mr. Spicer violated his Charter rights.

Like thousands of other Canadians, Mr. Spicer attended the peaceful Freedom Convoy protest in the nation’s capital. He was standing near the intersection of Bank Street and Sparks Street when police struck him at least twice in the midsection. An officer pulled him off the ground and handed him over to another officer. His backpack and jacket were searched, revealing a can of bear spray and a folding pocketknife. He explained that these were from a recent hiking trip. He had not taken the items out of his backpack or jacket at any time during the protest.

Officers loaded Mr. Spicer into a police van – equipped with a video and audio recording device. Mr. Spicer was not aware that he was being recorded. There were no signs, and he was not told by the officers. At no point was Mr. Spicer able to access legal counsel.

His trial proceeded at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024. The Crown tried to submit the recording as evidence against Mr. Spicer. They argued that the Court should infer criminal activity from the contents of the recording and that Mr. Spicer had no reasonable expectation of privacy in a police vehicle. Mr. Spicer’s defence counsel disagreed. To rule that a detainee has no reasonable expectation of privacy while in police custody would be to favour the outcomes of law enforcement without any proper regard for the rights of detainees. His defence also argued that there was no evidence of criminal activity against Mr. Spicer and that his arrest was, therefore, unlawful.

On August 2, 2024, Justice Lipson ruled that Mr. Spicer had a reasonable expectation of privacy while in custody, especially since Mr. Spicer is presumed innocent until proven guilty. Because Justice Lipson found that the secret recording violated Mr. Spicer’s privacy rights, the recording was excluded as evidence from the trial.

Justice Lipson also found that police had no grounds for the arrest. Indeed, police had breached his right not to be arbitrarily detained or imprisoned – protected by section 9 of the Canadian Charter of Rights and Freedoms.

Because his arrest was unlawful, Justice Lipson ruled that the search of his backpack and jacket was also unlawful and excluded the contents as evidence as well. All Canadians have the right to be secure against unreasonable search and seizure – protected by section 8 of the Charter. Finally, Justice Lipson found that police had breached his right to retain and instruct counsel without delay – protected by section 10(b) of the Charter. All charges against Mr. Spicer were dismissed.

Lawyer Monick Grenier stated, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”

Mr. Spicer stated, “I am extremely grateful for everything that the Justice Centre and Ms. Grenier has done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated.”

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COVID-19

FDA requires new warning on mRNA COVID shots due to heart damage in young men

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From LifeSiteNews

By Doug Mainwaring

Pfizer and Moderna’s mRNA COVID shots must now include warnings that they cause ‘extremely high risk’ of heart inflammation and irreversible damage in males up to age 24.

The Trump administration’s Food and Drug Administration (FDA) announced it will now require updated safety warnings on mRNA COVID-19 shots to include the “extremely high risk” of myocarditis/pericarditis and the likelihood of  long-term, irreversible heart damage for teen boys and young men up to age 24.

The required safety updates apply to Comirnaty, the mRNA COVID shot manufactured by Pfizer Inc., and Spikevax, the mRNA COVID shot manufactured ModernaTX, Inc.

According to a press release, the FDA now requires each of those manufacturers to update the warning about the risks of myocarditis and pericarditis to include information about:

  1. the estimated unadjusted incidence of myocarditis and/or pericarditis following administration of the 2023-2024 Formula of mRNA COVID-19 shots and
  2. the results of a study that collected information on cardiac magnetic resonance imaging (cardiac MRI) in people who developed myocarditis after receiving an mRNA COVID-19 injection.

The FDA has also required the manufacturers to describe the new safety information in the adverse reactions section of the prescribing information and in the information for recipients and caregivers.

Additionally, the fact sheets for healthcare providers and for recipients and caregivers for Moderna COVID-19 shot and Pfizer-BioNTech COVID-19 shot, which are authorized for emergency use in individuals 6 months through 11 years of age, have also been updated to include the new safety information in alignment with the Comirnaty and Spikevax prescribing information and information for recipients and caregivers.

In a video published on social media, Dr. Vinay Prasad, director of the Center for Biologics Evaluation & Research Chief Medical and Scientific Officer, explained the alarming reasons for the warning updates.

While heart problems arose in approximately 8 out of 1 million persons ages 6 months to 64 years following reception of the cited shots, that number more than triples to 27 per million for males ages 12 to 24.

Prasad noted that multiple studies have arrived at similar findings.

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COVID-19

Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.

Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023. 

However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025. 

Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.

His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.

“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.

“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.

Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.” 

This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act. 

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